ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY 1110West Washington Street. Phoenix, ArIzona85007 (602) 771-2300

.www.azcleq.gov
Stephen
A.Owens Director çr,r.7
QT..J SEtg1108 Mr. Wayne Nastri Regional Administrator U.S. Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, CA 94105 RE: Analysis of Clean Air Act Section
11 O(a)(2) Air Quality Control Program Elements for Arizona-PM 2 .5 Dear Mr. Nastri: I am writing to youin response
to the U.S. Environmental Protection Agency’s (EPA) request for each state to submit State Implementation Plan (SIP) revisions or certify that its existing SIP is adequate
to meet the requirements
of Clean Air Act (CAA) Sections Ii O(a)(1) and (a)(2) for the 1997 8-hour ozoneand particulate matter 2.5 microns orless in diameter (PM 2 s) air quality standards. Sections

1 l0(a)(1) and (a)(2) address certain basic elements orthe “infrastructure”

of air quality management programsand include requirements for monitoring, modeling, and other provisions designed
to assureattainment and maintenance
of the standards. The enclosed document describes the existing authorities and infrastructure
of State and local air quality management programs
in Arizona for particulate matter. Although Arizona’s programs aresufficient
at this time to assureattainment and maintenance
of the PM 2 ,5 standards
in all areas of the State, certain updates to the federally approved SIP are required.

A number of the authorizing and implementing statutes for Arizonas air quality programshave been revised or added and the numbering system has changed since the most recent approval of the SIP. They continue
to meet the requirements
of the law. ADEQ certifies that the requirements
of the following CAA Sections aremet by the current approved SiP for the 1997 PM 2 .5 air quality standards:
11 0(a)(2)(A) relating to control measuresand emission limits, I lO(a)(2)(B) relating to ambient air quality monitoring, 11 0(a)(2)(C) relating to enforcement
of all SIP measures, 11 0(a)(2)(D) relating to interstate transport, II O(a)(2)(E)(iii) relating to State responsibility
for ensuring adequate implementation

of plan provisions, 11O(a)(2)(F) relating to emissions monitoring and reporting, Northern RegionalOffice
Southern RegionalOffice 1801W.Route66

•Suite117

.Flagstaff,AZ86001400West CongressStreet

•Suite433

•Tucson,AZ85701 (928)779-0313

(520)628-6733 Janet Napoiltano Governor
Printedonrecycled paperMr. Wayne Nastri Page
2

1 10(a)(2)(H) relating to plan rçvisions, ii 0(a)(2)(J) relatmg to consultation with government officials and public notification
of any exceedance of the air quality standards, I 10(a)(2)(K) relating to air quality modeling, 11 O(a)(2)(L) relating to permit fees, and 11 0(a)(2)(M) relating to consultation/participation

by affected local officials. ADEQ
is in the process of preparing

a revision to the SIP to meet the remaining requirements
of CAA Section

1 10(a)(2) as follows: 11 0(a)(2)(C) relating to new source review and prevention of significant deterioration, 11 O(a)(2)(E)(i) relating to adequate fimding, 11 0(a)(2)(E)(ii) relating to conflicts of interest, 11 0(a)(2)(G) relating to emergency episodes, and 1 lQ(a)(2)(J) relating to prevention of significant deterioration and visibility protection. These elements will be submitted
to EPA for approval
as a component
of the SIP upon completion
of the State rulemaking and public review process. Analysis of CAA Section 11 0(a)(2) requirements for ozone will be addressed under separate cover. If you have any questions, please contact Nancy Wrona, Director, Air Quality Division,
at (602) 207-2308 or Diane Arnst, Air Quality Planning Section Manager,
at (602) 207-2375. Sincerel St p en. Owens Director Enclosure cc: Coileen McKaughan, EPA Wienke Tax, EPA SAO:BJF:MBLAnalysis of Clean Air Act Section 11O(a)(2) Air Quality Control Program Elements for Arizona for the 1997 PM 2 .5 National Ambient Air Quality Standards Overview In July 1997, the U.S. Environmental Protection Agency (EPA) issued newNational Ambient Air Quality Standards (NAAQS) for 8-hour ozoneand particulate matter 2.5 microns orless in diameter (PM2.5). Clean Air Act (CAA) Section

1 1O(a)(I) requires statesto submit state implementation plans (SIPs) within

3 years following the promulgation
of neworrevised standards
to provide for implementation, maintenance, and enforcement
of such standards. Each of these Sips must address certain basic elements orthe “infrastructure” of its air quality management programsunder CAA Section

1 l0(a)(2). These elements, detailed
in CAA Sections

1 10(aX2XA) through (M), include requirements for monitoring, emissions inventories, and modeling, designed
to assureattainment and maintenance
of the NAAQS. Subsequent litigation challenging the new standards created uncertainty
onhow to proceed, however, and delayed implementation.
On March 10, 2005, in response
toa separate lawsuit overstates’ failure to submit Section ll0(aXl) and (2) plans for the 1997 standards, EPA entered into aConsent Decree with Earth Justice that obligates EPA todetermine whether states have made the required SIP submissions. The Consent Decree requires EPA action oninterstate transportof air pollution,

a required SIP component under Section

1 10(aX2)(DXi),
by March 15, 2005. On April 25, 2005, EPA published “Finding of Failure To Submit Section 110 State Implementation Plans for Interstate Transport for the National Ambient Air Quality Standards for 8-Hour Ozone and PM 2.5” (70 FR 21147). The April 25, 2005, finding, effective May 25, 2005, started

a24-month clock for EPA toeither issue
afinal Federal Implementation Plan (FIP) to address the requirements
of Section

11 0(a)(2)(D)(i)

orto approve

aSIP that addresses these requirements.

In response
to this action, the Arizona Department
of Environmental Quality (ADEQ) submitted Revision
tothe Arizona State Implementation Plan Under Clean Air Act Section 110(a)(2)(D)(l)—Regional Thansport on May 24, 2007. EPA approved the plan in aDirect Final Rule on July 31, 2007 (72 FR 41629). The Consent Decree also requires EPA to determine whether states have submitted SIP revisions
tomeet the remaining requirements
of sections
Il 0(a)( 1) and (2) by December 15, 2007, for the 8-hour ozonestandards (later extended
to March 27, 2008), and by October
5, 2008, for the PM 2 ,5 standards. EPA published “Completeness Findings for Section 110(a) State Implementation Plans for the 8-hour Ozone NAAQS” on March 27, 2008, which included

a “finding of failure to submit” for Arizona (73 FR 16205). EPA’s action started

a24-month deadline by which time EPA must promulgate

aFIP toaddress Section

1 10(a)(1) and (2) requirements

if the state fails tosubmit and obtain EPA approval of any necessarySIP revision ordemonstrate existing state programsaresufficient
tomeetthese requirements. EPA issued Guidance onSIP Elements Required Under Section 110(a) (1) and (2) for the 1997 8-hour Ozone and PM 2 .5 National Ambient Air Quality Standards October

2, 2007, to assist statesas they develop SIPs or certili that existing SIP elements are adequate
tomeettheir outstanding obligations. This document describes the existing authorities and infrastructure
of Arizona State and local air quality management programsfor the PM 2 .5 standards. Analysis of CAA Section
11 0(a)(2) requirements for ozonewill be addressed under separate cover. Although Arizona’s programsaresufficient
atthis time toassureattainment and maintenance
of the PM 2 .3 standards
in all areasof the State, certain updates tothe federally approved SIP are required. Updates include submittal of regulations that areneworhave been renumbered subsequent
to approval of the SIP and submittal of revised regulations for Prevention
of Significant Deterioration (PSD), emergency episodes, and other program improvements. September
17, 2008

1Several of the air quality authorizing and implementing sections of Arizona Revised Statutes (AR.S) have been revised and the numbering system has changed since the most recent approval of the Sip. These statutes, however, continue meet the requirements
of the law. As demonstrated below, the listed statutes and programs are adequate to meet the requirements
of the following CAA Sections for the 1997 PM 2 , 5 air quality standards: 11 0(aX2)(A) relating to control measures and emission limits, 1 10(a)(2)(B) relating to ambient air quality monitoring, 11 O(a)(2)(C) relating to enforcement
of all SIP measures, 1 10(a)(2)(D) relating to interstate transport, 11 0(a)(2)(E)(iii) relating to State responsibility for ensuring adequate implementation

of plan provisions, 11 0(aX2)(F) relating to emissions monitoring and reporting, 11 0(aX2)(H) relating to plan revisions, 11 0(a)(2)Q) relating
to consultation with government officials and public notification
of any exceedance
of the air quality standards, 1 l0(a)(2)(K) relating to air quality modeling, I 10(a)(2)(L) relating to permit fees, and 1 10(a)(2)(M) relating to consultation/participation

by affected local officials. ADEQ
is in the process of preparing

a revision to the SIP to meet the remaining requirements
of CA.A Section 1 1O(a)(2) as follows: 11 0(a)(2)(C) relating to new source review and prevention of significant deterioration, 11 0(a)(2)(E)(i) relating to adequate uimding, 1 10(a)(2)(E)(ii) relating to conflicts of interest, 11 0(a)(2)(G) relating to emergency episodes, and I 10(a)(2)(J) relating to prevention of significant deterioration and visibility protection. Clean Air Act Sections
11 O(a)(2)(C) and (J) require SIPs to include

a program for the regulation of construction of new or modified stationary sources to meet PSD and nonattainment new source review (NSR) permitting requirements. ADEQ
is currently revising its PSD regulations
to incorporate the most recent PM standards and other NSR requirements for PM 25 . Clean Air Act Section

1 10(a)(2)(G) requires states to provide for authority
to address activities causing imminent and substantial endangerment

to public health, including contingency plans to implement the emergency episode provisions

in their SIPs. Arizona Revised Statutes §49-465 authorizes State actions to alleviate or prevent an emergency health risk to the public due to air pollution
or likely exceedance
of the NAAQS. Arizona Administrative Code Ri 8-2-220, “Air Pollution Emergency Episodes,” which prescribes procedures

to prevent the occurrence
of ambient air pollution concentrations which would cause significant harm to public health is currently being revised to incorporate the most recent PM air quality standards. In addition,

a number of air quality authorizing and implementing statutes have been added for Arizona programs but have not yet been submitted
or approved into the SIP, including those to meet the conflict of interest and funding requirements
of CAA Section

1 10(a)(2)(E), and visibility protection requirements under 1 10(a)(2)(J). These program improvement statutes are as follows: Title 38, Chapter
3, Article
8, Conflict of Interest of Officers and Employees 49-103. Department employees; legal counsel 49-106. Statewide application of rules 49-107. Local delegation of state authority 49-405. Attainment area designations September 17, 2008

249-426.01. Permits; changes within

a source;revisions 49-426.07. Imminent and substantial endangerment 49-435. Hearings onorders of abatement 49-441. Suspension and revocation of conditionaL order 49-455. Permit administration fund 49-458. Regional haze program; authority 49-458.01. State implementation plan revision; regional haze; rules 49-460. Violations; production of records 49-461. Violations; order of abatement 49-462. Violations; injunctive relief 49-464. Violation; classification; penalties; definition 49-471. Definitions 49-476.01. Monitoring 49-490. Hearings onorders of abatement 49-495. Suspension and revocation of conditional order 49-502. Violation; classification 49-510. Violations; production
of records 49-511. Violations; order of abatement 49-5 12. Violations; injunctive relief 49-514. Violation; classification; definition 49-544. Emissions inspection fund; composition; authorized expenditures; exemptions; investment 49-551. Air quality fee; air quality fund; purpose The revised and new programelements described above will be submitted
toEPA for approval
asa component of the SIP upon completion
of the state rulemaking and public review process. Description
of Arizona Air Quality Program Elements
tomeet the Requirements

of Clean Air Act Section 110(a)(2) for Arizona Revised Statutes, Title 49, “Environment,” divides responsibility and encourages cooperation for meeting the requirements
of the CAA between the State, county agencies, and regional planning organizations. Currently the State and three county agencies operate air quality control programsunder direct or delegated authority. These air pollution control agencies are:Arizona Department
of Environmental Quality (ADEQ), Maricopa County Air Quality Department (MCAQD), Pima County Department
of Environmental Quality (PDEQ), and the Pinal County Air Quality Control District (PCAQCD). Figure

1 illustrates Arizona counties with air quality control agencies. The Arizona Department
of Environmental Quality has “primary responsibility
for air pollution control and abatement,” and as such, is required
to “maintain

astate implementation plan that provides for implementation, maintenance and enforcement
of national ambient air quality standards and protection of visibility
as required by the clean air act” (ARS

§ §49401, 49-404). ADEQ
is also responsible for coordinating, along with local officials, the development, adoption, and enforcement
of control measuresand permits where nolocal air quality control agencyexists. In addition, ADEQ has original jurisdiction

in all areasof the State for certain stationary, portable, and mobile sources including petroleum refineries, coal fired electrical generating stations, and the motor vehicle emissions inspection program (ABS §49-402). Except for the sourcesnoted above, the county agencies have original jurisdiction for the issuance, administration, and enforcement
of permits (ARS §49-402). The State may, however, assert jurisdiction where the local agency
is unable tofulfill anyfunction or duty as required. State law also provides direct county September
17, 2008

3authority
to adopt and enforce programs, rules, and ordinances for the prevention, control and abatement of air pollution (ARS Title 49, Chapter
3, Article 3). Two metropolitan planning organizations,
the Maricopa Association
of Governments (MAG) and Pima Association
of Governments (PAG), are certified for the development
of nonattainment and maintenance area plans within their respective jurisdictions (ARS §4940 6). The following sections summarize the requirements
of CAA Sections
11 0(aX2)(A) through (M) and present information that demonstrates Arizona’s State and local air pollution control programs, and commitments

to update new source review and emergency episode provisions, meet these basic elements and are adequate
to ensure attainment and maintenance
of the particulate matter NAAQS. September 17, 2008

4CAA 

# Section 110(a)(2)(A)— Control 

# Measures and Emission 

# Limits Section

1 l0(a)(2XA) requires SIPs 

# to include enforceable emission limitations and other control measures, 

# means, or techniques,

as well as schedules for compliance 

# necessary
to meet applicable requirements
of the CAA. The timing of submittals 

# for specific nonattainment area control measures and plans 

# is subject to the requirements
of CAA, Title
1, Part D, ‘Plan Requirements
for Nonattainment Areas;” therefore, the demonstration
of compliance with CAA Section

1 l0(aX2XA) includes the necessary authority for State and local 

# air quality management programs


# to adopt and implement control measures and plans to assure attainment arid maintenance
of the PM 2 . 5 air quality standards
in all areas of Arizona. Relevant sections of Arizona Revised Statutes: For ADEQ Programs: 49-106. Statewide application of rules 

# 49-107. Local delegation of state authority 49-401. Declaration
of policy 49-402. State and county control 49-404. State implementation plan 49-406. Nonattainment area plan 49-421. Definitions 49-424. Duties of department 49-425. Rules; hearing 49-426. Permits; duties of director; exceptions; applications; objections; fees For County Programs: 49-471. Definitions 49-473. Board of supervisors 49-479. Rules; hearing 49-480. Permits; fees CAA 

# Section 11O(a)(2)(B)— Ambient Air Quality 

# Monitoring Section

1 l0(a)(2)(B) requires SIPs to include provisions for establishment and operation of ambient air quality monitors,
to compile and analyze ambient air quality data, and make these data available to EPA upon request. Arizona maintains an extensive monitoring network operated by State and county agencies designed
to collect, compile, and analyze ambient air quality data in attainment and nonattainment areas of the State. Operating agencies track data recovery, quality control and quality assurance parameters for all instruments operated
at various network sites. Criteria pollutant concentrations, such as PM, are measured with instruments meeting EPA certification

as Federal Reference
or Equivalent Methods. All data collected within the PM compliance network are compared
to the NAAQS, statistically analyzed for trends, and recorded quarterly
in EPA’s Air Quality System. Per Code of Federal Regulations (CFR), Title 40, Part 58 the State and county agencies (ADEQ, MCAQD, PDEQ, and PCAQCD) annually submit to EPA network monitoring plans. These plans identify the purpose of each monitor and provide evidence that both the siting and the operation of each monitor meets 

# the network design, quality 

# assurance, and other federal requirements
of 40 CFR Part 58. The results of air quality September 17, 2008

6monitoring conducted throughout Arizona, including ambient PM data, arecontained
in ADEQ’s Air Quality Annual Reports available
at http://www.azdeq.gov/functionlformsfreports.html.

The 2007 Report included ambient data from 16 PM 2 .5 monitoring sites throughout Arizona. Relevant sections of Arizona Revised Statutes: For ADEQ Programs: 49-404. State implementation plan 49-406. Nonattainment area plan 49-422. Powers and duties; definition 49-424, Duties of department For County Programs: 49-473. Board of supervisors CAA. Section

1 lO(a)(2)(C)—Enforcement
of Control Measures Section 110 (a)(2)(C) requires states toinclude

a program providing for enforcement
of all SIP measuresand the regulation of construction
of newormodified stationary sourcestomeet prevention of significant deterioration (PSD) and nonattainment newsourcereview (NSR) permitting requirements. As partof the SIP enforcement program, ADEQ and local agencies track all committed SIP control measures and work with the entities responsible for those measures
to provide anyneeded assistance and ensure timely implementation. Arizona Revised Statutes §49-406 provides additional assurancethat PM nonattainment and maintenance measureswill be implemented and enforced. Each agencythat commits
to implement any emission limitation
orother control measurecontained
in the SIP is required to speci1,’, in aresolution adopted by the governing body of the agency,its authority for implementing the measureand a programfor enforcement of the limitation
ormeasure.
If any agencyor entity fails to implement

acommitted measure,the county
is authorized
tofile anaction in superior courtfor injunction
or anyother relief provided by law. Similarly,
if the county fails to ensure implementation

of measures,the ADEQ Director

is authorized, through the attorney general, to seek relief provided by law toensure implementation

of all measures. Arizona Revised Statutes Title 49, Chapter
3, Articles

1, 2, and
3 establish ADEQ and local agency authority for preconstruction review and permitting. Under the air permits program,sourcesthat emit regulated pollutants are required
toobtain

a permit before constructing, changing, replacing,
or operating any equipment or processwhich maycauseair pollution. This includes equipment designed
toreduce air pollution. Permits arealso required
if an existing facility that causesair pollution transfers ownership, relocates,
orotherwise changes operations. ADEQ and county permitting agencies operate air quality permit compliance programs
toensure implementation

of emission limits and other control measuresfor permitted sources.These programsinclude scheduled and unscheduled inspections conducted

at major sources annually and compliance assistance initiatives. Permit and SIP enforcement authority

is also provided
in ARS §49-460 through 464, and 49-510 through 514, under which, the State or county mayissue orders of abatement, and through the county attorney or attorney general, seek injunctive relief for anyviolations of the air quality provisions of the law. All new major sourcesand major modifications

to existing major sourcesin Arizona are subject to New Source Review (NSR) provisions of State orlocal rules, which include nonattainment NSR for nonattainment area sourcesand Prevention
of Significant Deterioration (PSD) provisions for attainment areas. ADEQ’s NSR September 17, 2008

7program was approved by EPA for all pollutants. Approval of the PSD program granted ADEQ authority
to issue PSD permits for criteria pollutants. ADEQ currently has delegated authority
to implement federal PSD provisions for PM 10 . A new PSD delegation agreement, including provisions for PM 2 . 5 , is expected by Fall 2008. In conjunction with the NSR program, ADEQ
is currently revising its PSD regulations
to incorporate the most recent PM standards and other NSR requirements for PM 2 . 5 and will submit the updated program
to EPA for approval upon completion
of the State rulemaking process. Conforming county regulations will be submitted for approval
as required. Relevant sections of Anzona Revised Statutes For ADEQ Programs 49-103. Department employees; legal counsel 49-106. Statewide application of rules 49-107 Local delegation of state authority 49-401 Declaration
of policy 49-402. State and county control 49-404. State implementation plan 49-406. Nonattainment area plan 49-422. Powers and duties; definition 49-424. Duties of department 49-425. Rules; hearing 49-426. Permits; duties of director; exceptions; applications; objections; fees 49-426.01. Permits; changes within

a source; revisions 49-433. Special inspection warrant 49-435. Hearings on orders of abatement 49-441. Suspension and revocation of conditional order 49-460. Violations; production
of records 49-461. Violations; order of abatement 49-462. Violations; injunctive relief 49-463. Violations; civil penalties 49-464. Violation; classification; penalties; definition 49-501. Unlawful open burning; exceptions; civil penalty; definition For County Programs: 49-473. Board of supervisors 49-480. Permits; fees 49-480.01. Permits; changes within

a source; revisions 49-488. Special inspection warrant 49-490. Hearings on orders of abatement 49-495. Suspension and revocation of conthtional order 49-501. Unlawful open burning; exceptions; civil penalty; definition 49-502. Violation; classification 49-510. Violations; production of records 49-511. Violations; order of abatement 49-512. Violations; injunctive relief 49-5 13. Violations; civil penalties 49-514. Violation; classification; definition September 17, 2008

8CAA Section 11O(a)(2)(D)—Interstate Transport Section 110 (a)(2)(D) requires adequate provisions
toensurethat anysourceorother emissions activity within the state does not contribute significantly

to nonattainment,

orinterfere with maintenance,
of the NAAQS
in anyother state,orinterfere with anyother state’s required applicable implementation plan to prevent significant deterioration
of air quality orto protect visibility. ADEQ submitted Revision
tothe Arizona State Implementation Plan Under Clean Air Act Section 11O(a)(2)(D)(i)—Regional Transport on May 24, 2007. This revision
tothe Arizona SIP addresses interstate transportof air pollution under CAA Section

1 l0(a)(2)(D)(i) and contains

ademonstration showing that Arizona does not significantly contribute
tointerstate transport of pollutants that impact nonattainment

in, or interfere with maintenance by, anyother statewith respect tothe 1997 8-hour ozoneand PM 25 air quality standards. The plan also demonstrates that Arizona meets the required prevention of significant deterioration
of air quality and protection of visibility provisions of the law. EPA approved the plan in aDirect Final Rule on July 31, 2007 (72 FR 41629). CAA Section 11O(a)(2)(E)—Adequate Resources Section 110 (a)(2)(E) requires that each SIP shall provide necessaryassurancesthat: 1) adequate personnel, funding, and legal authority areavailable
to carryoutthe SIP; 2) anyboard which approves permits or enforcement orders represents the public interest and anyconflict of interest by board members
oranexecutive agencyhead be adequately disclosed; and 3) where the State has relied onalocal or regional government agency,or instrumentality
for implementation

of any plan provision the state has responsibility
for ensuring adequate implementation

of such plan provision. Funding
to staff and administer Arizona air quality control programsconsists of fees that arecollected from regulated emissions sources, including fees collected
to administer permitting programsand motor vehicle emissions inspection and fees collected
atthe time of vehicle registration and re-registration,

aswell asState and Federal grants. State, county, and regional agency funding levels and personnel resourcesare currently adequate
tomeet federal and State obligations

to manageArizona air resources
to protect public health and welfare and administer the air quality programs necessary
toattain and maintain the PM 2 .5 air quality standards. Relevant sections of Arizona Revised Statutes: 49-455. Permit administration fund (except Section (BXI)) 49-544. Emissions inspection fund; composition; authorized expenditures; exemptions; investment 49-551. Air quality fee; air quality fund; purpose Permit approval and enforcement orders are provided by the ADEQ Director and county control officers. Arizona law contains provisions for adequate disclosure of anyconflict of interest by an appointed public officer ora public employee. Relevant sections of Arizona Revised Statutes: Title 38, Chapter
3, Article
8, Conflict of Interest of Officers and Employees September
17, 2008

9Arizona Revised Statutes grant ADEQ primary regulatory authority for air pollution control and abatement
in Arizona as well as responsibility for ensuring adequate implementation

of SIP provisions. Relevant sections of Arizona Revised Statutes: 49-401. Declaration
of policy 49-402. State and county control 49-404. State implementation plan 49-406. Nonattainment area plan 49-501. Unlawful open burning; exceptions; civil penalty; defmition CAA Section 11O(a)(2)(F)— Emissions Monitoring and Reporting Section 110 (a)(2)(F) requires provision for emissions monitoring by owners or operators of stationary sources and periodic reports on the nature and amounts of emissions
as well as correlation
of such reports by the state agency with any emission limitations
or standards. Arizona Revised Statutes provide authority
to require any sources of air contaminants

to monitor, sample or perform other studies to quantify emissions of air contaminants

or levels of air pollution that may be reasonably attributable

to that source. Relevant sections of Arizona Revised Statutes: For ADEQ Programs: 49-422. Powers and duties; definition 49-426. Permits; duties of director; exceptions; applications; objections; fees 49-432. Classification and reporting; confidentiality

of records For County Programs: 49-476.01. Monitoring 49-480. Permits; fees 49-487. Classification and reporting; confidentiality
of records CAA Section

1 10(a)(2)(G)— Emergency Powers Section

1 10(a)(2XG) requires states to provide for authority
to address activities causing imminent and substantial endangerment

to public health, including contingency plans to implement the emergency episode provisions
in their SIPs. Arizona Revised Statutes 49-465 authorizes State actions to alleviate or prevent an emergency health risk to the public due to air pollution
or likely exceedance
of the NAAQS. The Governor “may, by proclamation, declare that an emergency exists and may prohibit, restrict, or condition” any and all activity that contributes
to the emergency. Arizona Administrative Code Ri 8-2-220, “Air Pollution Emergency Episodes,” prescribes the procedures the ADEQ Director shall implement

in order to prevent the occurrence
of ambient air pollution concentrations which would cause significant harm to public health. Procedures include governmental and public notification
of the nature of the episode and, at the directive of the Governor’s office, possible curtailment
of industrial and commercial activities. ADEQ
is currently revising the rule to incorporate the most September
17, 2008

10recentPM (and ozone) NAAQS. The rule will be submitted
toEPA for review and action upon completion of the State rulemaking process. Similar provisions for determining air pollution emergency episodes, advisory procedures, and control actions arecontained
in Maricopa, Pinia, and Pinal County code. Revised regulations will be submitted
toEPA upon completion
of any required updates. In addition,
asauthorized by ARS §49-426.07, ADEQ mayseek injunctive relief upon receipt of evidence that a sourceorcombination
of sources
is presenting
animminent and substantial endangerment

to public health or the environment. Relevant sections of Arizona Revised Statutes: For ADEQ Programs: 49-426.07. Imminent and substantial endangerment 49-462. Violations; injunctive relief 49-464. Violation; classification; penalties; definition 49-465. Air pollution emergency For County Programs: 49-512. Violations; injunctive relief 49-5 14. Violation; classification; definition CAA Section

1 1O(a)(2)(1I)—Plan Revisions Section

1 10(a)(2)(H) requires states tohave authority torevise their SIPs in response
to changes
in the NAAQS or availability of improved methods for attaining the NAAQS. This Section also requires states to provide for plan revisions
to ensurethe adequacy of the plan to attain the air quality standards
orto otherwise comply with anyadditional requirements established under the Clean Air Act. Arizona Revised Statutes contain authority
torevise the Arizona SIP to comply with the requirements
of the CAA including changes
in the NAAQS, Under ARS §49-404, ADEQ
is required
to “maintain

astate implementation plan that provides for implementation, maintenance and enforcement
of national ambient air quality standards and protection of visibility
as required by the clean air act.” Relevant sections of Arizona Revised Statutes: 49-404. State implementation plan 49-406. Nonattainnient area plan Section 11O(a)(2)(1)—CAA Title 1, Part D Nonattainment Area Requirements Section

1 10(a)(2)(I) requires nonattainment area plans tomeetthe applicable requirements
of CAA Title
1, Part D relating to nonattainment areas. September 17, 2008

11

# EPA’s October
2, 2007, guidance notes that “the specific nonattainment area plan requirements
of section 11 0(a)(2)(I) are subject to the timing requirement
of section 172, not the timing requirement
of section 1 10(a)(l), and also that SIPs to meet.this section are not covered by the Consent Decree.” Section 11O(a)(2)(J)— 

# Consultation with Government Officials, Public Notification, PSI) and Visibility Protection Section
11 0(a)(2XJ) requires states to: 1) provide

a process for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requirements pursuant
to Section 121 relating to consultation,

2) notify the public if NAAQS are exceeded
in an area and to enhance public awareness of measures that can be taken to prevent exceedances per Section 127 relating to public notification, and 3) meet applicable requirements
of Part C related to prevention of significant deterioration
of air quality and visibility protection. Arizona agencies maintain appropriate consultation procedures with local governments, CAA Section 174 and metropolitan planning agencies, and federal land managers regarding implementation

of CAA 

# requirements. Additionally, opportunity for comment

is provided through stakeholder meetings and public hearings held to solicit testimony from the public as well as federal and local air quality planning agencies prior to adoption of any revision to the Arizona SIP. Relevant sections of Arizona Revised Statutes: For ADEQ Programs: 49-405. Attainment area designations 49-406. Nonattainment area plan 49-424. Duties of department 49-425. Rules; hearing 49-426. Permits; duties of director; exceptions; applications; objections; fees For County Programs: 49-473. Board of supervisors 49-474. County control boards 49-479. Rules; hearing 49-480. Permits; fees CAA Section 127 requires measures
to notify the public of instances or areas in which any air quality standard is exceeded during the preceding calendar year, to advise the public of health hazards associated with air pollution, and to enhance public awareness of measures that can be taken to improve air quality. The results of air quality monitoring conducted throughout Arizona, including ambient PM data, are published
in ADEQ’s Air Quality Annual Reports, Air quality forecasts, which include actual ambient air quality data for the preceding day, are made available
to the public daily. The annual reports, daily forecasts, and other air quality information including tips for reducing pollution are available on the ADEQ Web site. Relevant sections of Arizona Revised Statutes: 49-424. Duties of department September 17, 2008

12Clean Air Act, Title
1, Part C includes provisions relating to prevention of significant deterioration
of air quality and visibility protection. PSD provisions arediscussed above. Arizona’s visibility protection program

is designed to analyze the causesof visibility impairment and to develop and implement control strategies
as required. Requirements include analysis of emissions from new major sourcesorsources making major modifications and anticipated impacts on visibility
at anyClass

I area. Arizona submitted

a Regional Haze SIP under 40 CFR 51.309 in December 2003, and a2004 revision for its four Class

I areasonthe Colorado Plateau.
A SIP for its remaining eight Class

I areasis being developed under 40 CFR 51.309(g). Relevant sections of Arizona Revised Statutes: 49-458. Regional haze program; authority 49-458.01 State implementation plan revision; regional haze; rules Section 11O(a)(2)(K)—Air Quality Modeling Section

1 I0(a)(2XK) requires that SIPs provide for performing air quality modeling for predicting the effect of emissions onambient air quality and tosubmit data related tothe modeling
toEPA upon request. Arizona retains authority
to perform air quality modeling for predicting the effect of emissions onambient air quality. Where applicable, all modeling analyses for demonstrating attainment and maintenance
of the NAAQS meet EPA’s most recent guidance onair quality models. All information and data aremade available
toEPA as required. Relevant sections of Arizona Revised Statutes: For ADEQ Programs: 49-422. Powers and duties; definition 49-424. Duties of department 49-426. Permits; duties of director; exceptions; applications; objections; fees For County Programs: 49-473. Board of supervisors 49-474. County control boards 49-480. Permits; fees Section 11O(a)(2)(L)—Permit Fees Section
11 0(a)(2)(L) requires SIPs to require the owneror operator of a major stationary sourceto payfees to the permitting authority
tocoverthe costof reviewing, approving, implementing and enforcing

a permit. Arizona permitting agencies are responsible for assessing fees sufficient
torecoverthe costsof administering the permitting program.Assessments include fees for permit actions, administrative and emission based fees for Title V sources, inspection fees for non-Title
V sources,and fees for general permits. September 17, 2008

13Relevant sections of Arizona Revised Statutes: For ADEQ Programs: 49-426(E). Permits; duties of director; exceptions; applications; objections; fees For County Programs: 49-480(D) Permits, feesI Section 11O(a)(2)(M)— Consultation)Participation

by Affected Local Entities Section Ii 0(a)(2)(M) requires states to provide for consultation and participation

in SIP development
by local political subdivisions affected by the plan. Arizona air quality agencies consult with and maintain frequent and regular communication with all local and political subdivisions affected by plan revisions. Local entities participate
in plan development and the review process and often provide needed data and information for analyses contained
in the plan as well as implementation assistance. Opportunity for comment

is also provided through stakeholder meetings and public hearings conducted
to solicit testimony from the public, local planning agencies, and other local political entities prior to adoption of any plan revisions. Relevant sections of Arizona Revised Statutes: For ADEQ Programs: 49-405. Attainment area designations 49-406. Nonattainment area plan 49-424. Duties of department 49-425. Rules; hearing 49-426. Permits; duties of director; exceptions; applications; objections; fees For County Programs: 49-473. Board of supervisors 49-474. County control boards 49-479. Rules; hearing 49-480. Permits; fees September 17, 2008

14